Jane Stevens of Jenrick IT is closely monitoring the EU led legislation known as the Agency Workers Directive. This Directive was implemented via the Agency Workers Regulations (AWR) and is due to impact UK businesses hiring temporary workers at the beginning of October 2011.

Jane has been following proceedings as guidance unfolds from the Department for Business, Innovation and Skills (BIS) - this guidance is still being assessed and deliberated. Whilst this is happening, Jane is liaising with various umbrella companies, accountants and legal entities to assess their interpretation of how both clients and contractors could be impacted going forward.

Below is a summary from Marc Morris of 1st Option (APSCo accredited Accountants) regarding developments as they stand at the moment, 27 April 2011.

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It would appear BIS accepts there are many grey areas and ambiguities within the recently published draft guidance notes for the AWR following an ARC meeting in London yesterday.

The Association of Recruitment Consultancies’ meeting, held at the BIS Conference Centre in Westminster, was a chance for ARC members to help BIS clarify details in the draft guidance before the final article is released in a few weeks. (more…)

The coalition government this week attempted to clarify the confusion surrounding the future of the AWD (Agency Workers Directive).

Written Ministerial Statement: Agency Workers Regulations 2010

Edward Davey, Minister for Employment:

The Agency Workers Regulations 2010, implementing the European Agency Workers Directive, were made by the previous Administration in January 2010 and are due to come into force in October 2011. The Government are aware of the different points of view that have been expressed by various stakeholders about certain aspects of these regulations and have been considering the way forward.

The directive sets out the principle of equal treatment-that

“the basic working and employment conditions of temporary agency workers shall be, for the duration of their assignment at a user undertaking, at least those that would apply if they had been recruited directly by that undertaking to occupy the same job”.

The default position in the directive is that this principle should apply from day one of an agency worker’s assignment. (more…)

APSCo are reporting that Conservative party members, including David Cameron have tabled a motion against the Agency Workers Directive (Temporary Workers Directive).

One suspects this could be a pre-election rally to the agencies and contracting community, but could be very good news should it lead to the demise of this directive. (more…)

Jenrick IT has just received a further update from The Recruiter, regarding the impending implementation of the AWD. Employers should begin preparing for implementation of the agency workers directive, according to Guy Lamb, head of employment at DLA Piper. (more…)

Jenrick IT has just been informed, by The Recruiter, that the Agency Workers Regulations, which implement the Agency Workers Directive, have now been published. The first public view of the regulations have now been uploaded to the Office of Public Sector Information (OPSI) website.

The Regulations confirm that implementation will not begin until after 1 October 2011. (more…)

The delay in implementing of agency workers directive has been welcomed by the industry, reported by The Recruiter (22.01.10). (more…)

The APSCo political monitor this week reported from the House of Parliament, where further questions have been raised to Pat McFadden regarding the implementation of the AWD (Agency Workers Directive), otherwise known as the TWD (Temporary Workers Directive).

On one hand it would appear that the present government are keen to implement the directive before dissolution, which is in contrast to it’s pledge to refrain until October 2011. As usual when questioned on this subject, Mr McFadden demonstrated faster moves than Usain Bolt to avoid giving a straight answer. (more…)

It would appear that we are no clearer on when the Government plans to implement the Agency Workers Directive. The AWD continues to be ‘kicked’ back and forth amongst front and back benches like a warm up for FIFA 2010. Below is a snap shot of the Parliamentary oral ‘kick about’ from last week concerning the directive with what appears to be Pat McFadden (Minister for Business) doing his best to book a place in Fabio Cappello’s squad as Centre half. (more…)

As a key member of APSCo, Jenrick CPI were amongst a select group of organisations invited to attend a meeting with MP’s at the House of Commons on Tuesday 20th October to discuss the Agency Workers Directive.

The AWD was adopted by the UK government in May 2008 after a last-minute deal between unions, government and the Confederation of British Industry (CBI). Designed to protect vulnerable agency workers, the AWD will give equal pay and employments rights to agency workers after 12 weeks working for the same client. (more…)